Вы находитесь на странице: 1из 52

III.

SPECIALLAWSPunishable acts and circumstances affecting criminal


liability of the following

A.Anti-Arson Law (Secs. 1to5,PD1613, as amended byPD1744)

B.Anti-Child Pornography Act of 2009 (Secs. 3[a-c], 4, and5, RA9775)

C.Anti-Fencing Law of 1979 (Secs. 2and5,PD1612)

D.Anti-Graft and Corrupt Practices Act (Sec. 3,RA 3019,as amended)

E.Anti-Hazing Act of 2018 (Secs. 2and3,RA8049, as amended


byRA11053)

F.Anti-Hijacking Law (Secs. 1and3, RA6235)

G.Anti-Photo and Video Voyeurism Act of 2009 (Secs. 3[a, b, d, f]and4,


RA9995)

H.Anti-Plunder Act (Secs. 1and2,RA7080,asamended byRA7659)

I.Anti-Sexual Harassment Act of 1995 (Sec. 3,RA7877)

J.Anti-Torture Act of 2009 (Secs. 3[a, b], 4,and5, RA9745)

K.Anti-Trafficking in Persons Act of 2003(Secs. 3,


4,and6,RA9208,asamended)

L.Anti-Violence Against Women and their Children Act of 2004(Secs. 3,


5,and26,RA9262)

M.Bouncing Checks Law (Sec. 1, BP 22)

N.Comprehensive Dangerous Drugs Act of 2002 (Secs. 5, 11,


15,and21,RA9165,as amended byRA10640)
1
Page

1
O.Comprehensive Firearms and Ammunition Regulation Act (Secs.
28and29,RA 10591)

P.Cybercrime Prevention Act of 2012 (Secs. 4 to6, RA10175)

Q.Human Security Act of 2007 (Secs. 3to6, RA 9372)

R.New Anti-Carnapping Act of 2016 (Secs. 3to4, RA 10883)

S.Obstruction of JusticeLaw (Sec. 1, PD1829)

T.Special Protection of Children Against Abuse, Exploitation,


andDiscrimination Act (Secs.3[a],5, and10, RA 761

AMENDING THE LAW ON ARSON

WHEREAS, findings of the police and intelligence agencies of the government reveal that fires and
other crimes involving destruction in Metro Manila and other urban centers in the country are being
perpetrated by criminal syndicates, some of which have foreign connections;

WHEREAS, the current law on arson suffers from certain inadequacies that impede the successful
enforcement and prosecution of arsonists;

WHEREAS, it is imperative that the high incidence of fires and other crimes involving destruction be
prevented to protect the national economy and preserve the social, economic and political stability of
the country;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the


powers vested in me by the Constitution, do hereby order and decree as part of the law of the land,
the following:

Section 1. Arson. Any person who burns or sets fire to the property of another shall be punished by
Prision Mayor.

The same penalty shall be imposed when a person sets fire to his own property under
circumstances which expose to danger the life or property of another.

Section 2. Destructive Arson. The penalty of Reclusion Temporal in its maximum period to
Reclusion Perpetua shall be imposed if the property burned is any of the following:

1. Any ammunition factory and other establishment where explosives, inflammable or


2

combustible materials are stored.


Page

2
2. Any archive, museum, whether public or private, or any edifice devoted to culture,
education or social services.

3. Any church or place of worship or other building where people usually assemble.

4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of
persons or property

4. Any building where evidence is kept for use in any legislative, judicial, administrative or
other official proceedings.

5. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public
or private market, theater or movie house or any similar place or building.

6. Any building, whether used as a dwelling or not, situated in a populated or congested


area.

Section 3. Other Cases of Arson. The penalty of Reclusion Temporal to Reclusion Perpetua shall be
imposed if the property burned is any of the following:

1. Any building used as offices of the government or any of its agencies;

2. Any inhabited house or dwelling;

3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;

4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or
forest;

4. Any rice mill, sugar mill, cane mill or mill central; and

5. Any railway or bus station, airport, wharf or warehouse.

Section 4. Special Aggravating Circumstances in Arson. The penalty in any case of arson shall be
imposed in its maximum period;

1. If committed with intent to gain;

2. If committed for the benefit of another;

3. If the offender is motivated by spite or hatred towards the owner or occupant of the
property burned;

4. If committed by a syndicate.

The offense is committed by a syndicate if its is planned or carried out by a group of three (3) or
more persons.
3

Section 5. Where Death Results from Arson. If by reason of or on the occasion of the arson death
Page

results, the penalty of Reclusion Perpetua to death shall be imposed.

3
PRESIDENTIAL DECREE No. 1744

AMENDING ARTICLE THREE HUNDRED AND TWENTY OF THE REVISED PENAL CODE
PROVISIONS ON ARSON

Section 1. Article 320 of the Revised Penal Code shall read as follows:

"Article 320 Destructive Arson. The penalty of reclusion temporal in its maximum period to death
shall be imposed upon any person who shall burn:

1. One (1) or more buildings or edifices, consequent to one single act of burning, or as result
of simultaneous burnings, or committed on several or different occasions;

2. Any building of public or private ownership, devoted to the use of the public in general, or
where people usually gather or congregated for a definite purpose such as but not limited to
official governmental function or business, private transaction, commerce, trade, worship,
meetings and conferences, or merely incidental to a definite purpose such as but not limited
to hotels, motels, transient dwellings, public conveyance or stops or terminals, regardless of
whether the offender had knowledge that there are persons in said building or edifice at the
time it is set on fire, and regardless also of whether the building is actually inhabited or not.

3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or


convenience, or public use, entertainment or leisure.

4. Any building, factory, warehouse installation and any appurtenances thereto, which are
devoted to the service of public utilities.

5. Any building, the burning of which is for the purpose of concealing or destroying evidence
of another violation of law, or for the purpose of concealing bankruptcy or defrauding
creditors or to collect from insurance.

Irrespective of the application of the above enumerated qualifying circumstances, the penalty of
death shall likewise be imposed when the arson is perpetrated or committed by two (2) or more
persons or by a group of persons, regardless of whether their purpose is merely to burn or destroy
the building or the edifice, or the burning merely constitutes an overt act in the commission or
another violation of law.

The penalty of reclusion temporal in its maximum period to death shall also be imposed upon any
person who shall burn:

(a) Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance
storehouse, archives or general museum of the government.

(b) In an inhabited place, any storehouse or factory of inflammable or explosive materials.

If as a consequence of the commission of any of the acts penalized under this Article, death or injury
results, or any valuable documents, equipment, machineries, apparatus, or other valuable properties
4

were burned or destroyed, the mandatory penalty of death shall be imposed."


Page

4
Section 2. Provisions of Articles 320, 321 and 322 of the Revised Penal Code which are or may be
inconsistent herewith are hereby repealed.

Republic Act No. 9775

AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING PENALTIES


THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress


assembled:

Section 1. Short Title. - This Act shall be known as the "Anti-Child Pornography Act of 2009."

Section 2. Declaration of Policy. - The State recognizes the vital role of the youth in nation building
and shall promote and protect their physical, moral, spiritual, intellectual, emotional, psychological
and social well-being. Towards this end, the State shall:

(a) Guarantee the fundamental rights of every child from all forms of neglect, cruelty and
other conditions prejudicial to his/her development;

(b) Protect every child from all forms of exploitation and abuse including, but not limited to:

(1) the use of a child in pornographic performances and materials; and

(2) the inducement or coercion of a child to engage or be involved in pornography


through whatever means; and

(c) Comply with international treaties to which the Philippines is a signatory or a State party
concerning the rights of children which include, but not limited to, the Convention on the
Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child of the
Child on the Sale of Children, Child Prostitution and Child Pornography, the International
Labor Organization (ILO) Convention No.182 on the Elimination of the Worst Forms of Child
Labor and the Convention Against Transnational Organized Crime.

Section 3. Definition of Terms. -

(a) "Child" refers to a person below eighteen (18) years of age or over, but is unable to fully
take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition.

For the purpose of this Act, a child shall also refer to:
5

(1) a person regardless of age who is presented, depicted or portrayed as a child as


Page

defined herein; and

5
(2) computer-generated, digitally or manually crafted images or graphics of a person
who is represented or who is made to appear to be a child as defined herein.

(b) "Child pornography" refers to any representation, whether visual, audio, or written
combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means,
of child engaged or involved in real or simulated explicit sexual activities.

(c) "Explicit Sexual Activity" includes actual or simulated -

(1) As to form:

(i) sexual intercourse or lascivious act including, but not limited to, contact involving
genital to genital, oral to genital, anal to genital, or oral to anal, whether between
persons of the same or opposite sex;

(2) bestiality;

(3) masturbation;

(4) sadistic or masochistic abuse;

(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or

(6) use of any object or instrument for lascivious acts

(d) "Internet address" refers to a website, bulletin board service, internet chat room or news
group, or any other internet or shared network protocol address.

(e) "Internet cafe or kiosk" refers to an establishment that offers or proposes to offer services
to the public for the use of its computer/s or computer system for the purpose of accessing
the internet, computer games or related services.

(f) "Internet content host" refers to a person who hosts or who proposes to host internet
content in the Philippines.

(g) "Internet service provider (ISP)" refers to a person or entity that supplies or proposes to
supply, an internet carriage service to the public.

(h) "Grooming" refers to the act of preparing a child or someone who the offender believes to
be a child for sexual activity or sexual relationship by communicating any form of child
pornography. It includes online enticement or enticement through any other means.

(i) "Luring" refers to the act of communicating, by means of a computer system, with a child
or someone who the offender believes to be a child for the purpose of facilitating the
commission of sexual activity or production of any form of child pornography.(2) Bestiality;

(j) "Pandering" refers to the act of offering, advertising, promoting, representing or


distributing through any means any material or purported material that is intended to cause
6

another to believe that the material or purported material contains any form of child
Page

pornography, regardless of the actual content of the material or purported material.

6
(k) "Person" refers to any natural or juridical entity.

Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:

(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or
production of any form of child pornography;

(b) To produce, direct, manufacture or create any form of child pornography;

(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import
any form of child pornography;

(d) To possess any form of child pornography with the intent to sell, distribute, publish, or
broadcast: Provided. That possession of three (3) or more articles of child pornography of
the same form shall be prima facie evidence of the intent to sell, distribute, publish or
broadcast;

(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited
acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate business;

(f) For film distributors, theaters and telecommunication companies, by themselves or in


cooperation with other entities, to distribute any form of child pornography;

(g) For a parent, legal guardian or person having custody or control of a child to knowingly
permit the child to engage, participate or assist in any form of child pornography;

(h) To engage in the luring or grooming of a child;

(i) To engage in pandering of any form of child pornography;

(j) To willfully access any form of child pornography;

(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to
commit any form of child pornography shall be committed when two (2) or more persons
come to an agreement concerning the commission of any of the said prohibited acts and
decide to commit it; and

(l) To possess any form of child pornography.

Section 5. Syndicated Child Pornography - The crime of child pornography is deemed committed by
a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with
one another and shall be punished under Section 15(a) of this Act.
7
Page

7
ANTI-FENCING LAW OF 1979

WHEREAS, reports from law enforcement agencies reveal that there is rampant robbery and
thievery of government and private properties;

WHEREAS, such robbery and thievery have become profitable on the part of the lawless elements
because of the existence of ready buyers, commonly known as fence, of stolen properties; lawphil.net

WHEREAS, under existing law, a fence can be prosecuted only as an accessory after the fact and
punished lightly;

WHEREAS, is imperative to impose heavy penalties on persons who profit by the effects of the
crimes of robbery and theft.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by virtue of the


powers vested in me by the Constitution, do hereby order and decree as part of the law of the land
the following:

Section 1. Title. This decree shall be known as the Anti-Fencing Law.

Section 2. Definition of Terms. The following terms shall mean as follows:

(a) "Fencing" is the act of any person who, with intent to gain for himself or for another, shall
buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in
any other manner deal in any article, item, object or anything of value which he knows, or
should be known to him, to have been derived from the proceeds of the crime of robbery or
theft.

(b) "Fence" includes any person, firm, association corporation or partnership or other
organization who/which commits the act of fencing.

Section 3. Penalties. Any person guilty of fencing shall be punished as hereunder indicated:

(a) The penalty of prision mayor, if the value of the property involved is more than 12,000
pesos but not exceeding 22,000 pesos; if the value of such property exceeds the latter sum,
the penalty provided in this paragraph shall be imposed in its maximum period, adding one
year for each additional 10,000 pesos; but the total penalty which may be imposed shall not
exceed twenty years. In such cases, the penalty shall be termed reclusion temporal and the
accessory penalty pertaining thereto provided in the Revised Penal Code shall also be
imposed.

(b) The penalty of prision correccional in its medium and maximum periods, if the value of
the property robbed or stolen is more than 6,000 pesos but not exceeding 12,000 pesos.

(c) The penalty of prision correccional in its minimum and medium periods, if the value of the
property involved is more than 200 pesos but not exceeding 6,000 pesos.

(d) The penalty of arresto mayor in its medium period to prision correccional in its minimum
period, if the value of the property involved is over 50 pesos but not exceeding 200 pesos.
8
Page

8
(e) The penalty of arresto mayor in its medium period if such value is over five (5) pesos but
not exceeding 50 pesos.

(f) The penalty of arresto mayor in its minimum period if such value does not exceed 5
pesos.

Section 4. Liability of Officials of Juridical Persons. If the fence is a partnership, firm, corporation or
association, the president or the manager or any officer thereof who knows or should have known
the commission of the offense shall be liable.

Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or anything
of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing.

REPUBLIC ACT No. 3019

ANTI-GRAFT AND CORRUPT PRACTICES ACT

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers
already penalized by existing law, the following shall constitute corrupt practices of any public officer
and are hereby declared to be unlawful:

(a) Persuading, inducing or influencing another public officer to perform an act constituting a
violation of rules and regulations duly promulgated by competent authority or an offense in
connection with the official duties of the latter, or allowing himself to be persuaded, induced,
or influenced to commit such violation or offense.

(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or
benefit, for himself or for any other person, in connection with any contract or transaction
between the Government and any other part, wherein the public officer in his official capacity
has to intervene under the law.

(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or
material benefit, for himself or for another, from any person for whom the public officer, in
any manner or capacity, has secured or obtained, or will secure or obtain, any Government
permit or license, in consideration for the help given or to be given, without prejudice to
Section thirteen of this Act.

(d) Accepting or having any member of his family accept employment in a private enterprise
which has pending official business with him during the pendency thereof or within one year
after its termination.

(e) Causing any undue injury to any party, including the Government, or giving any private
party any unwarranted benefits, advantage or preference in the discharge of his official
administrative or judicial functions through manifest partiality, evident bad faith or gross
9

inexcusable negligence. This provision shall apply to officers and employees of offices or
Page

government corporations charged with the grant of licenses or permits or other concessions.

9
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act
within a reasonable time on any matter pending before him for the purpose of obtaining,
directly or indirectly, from any person interested in the matter some pecuniary or material
benefit or advantage, or for the purpose of favoring his own interest or giving undue
advantage in favor of or discriminating against any other interested party.

(g) Entering, on behalf of the Government, into any contract or transaction manifestly and
grossly disadvantageous to the same, whether or not the public officer profited or will profit
thereby.

(h) Director or indirectly having financing or pecuniary interest in any business, contract or
transaction in connection with which he intervenes or takes part in his official capacity, or in
which he is prohibited by the Constitution or by any law from having any interest.

(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in
any transaction or act requiring the approval of a board, panel or group of which he is a
member, and which exercises discretion in such approval, even if he votes against the same
or does not participate in the action of the board, committee, panel or group.

Interest for personal gain shall be presumed against those public officers responsible for the
approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board,
panel or group to which they belong.

(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any
person not qualified for or not legally entitled to such license, permit, privilege or advantage,
or of a mere representative or dummy of one who is not so qualified or entitled.

(k) Divulging valuable information of a confidential character, acquired by his office or by him
on account of his official position to unauthorized persons, or releasing such information in
advance of its authorized release date.

The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and
(c); or offering or giving to the public officer the employment mentioned in subparagraph (d); or
urging the divulging or untimely release of the confidential information referred to in subparagraph
(k) of this section shall, together with the offending public officer, be punished under Section nine of
this Act and shall be permanently or temporarily disqualified in the discretion of the Court, from
transacting business in any form with the Government

REPUBLIC ACT No. 8049

AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES,


SORORITIES, AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR

Section 1. Hazing, as used in this Act, is an initiation rite or practice as a prerequisite for admission
into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant
in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and
10

other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or
injury.
Page

10
The term "organization" shall include any club or the Armed Forces of the Philippines, Philippine
National Police, Philippine Military Academy, or officer and cadet corp of the Citizen's Military
Training and Citizen's Army Training. The physical, mental and psychological testing and training
procedure and practices to determine and enhance the physical, mental and psychological fitness of
prospective regular members of the Armed Forces of the Philippines and the Philippine National
Police as approved ny the Secretary of National Defense and the National Police Commission duly
recommended by the Chief of Staff, Armed Forces of the Philippines and the Director General of the
Philippine National Police shall not be considered as hazing for the purposes of this Act.

Section 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization
shall be allowed without prior written notice to the school authorities or head of organization seven
(7) days before the conduct of such initiation. The written notice shall indicate the period of the
initiation activities which shall not exceed three (3) days, shall include the names of those to be
subjected to such activities, and shall further contain an undertaking that no physical violence be
employed by anybody during such initiation rites.

Section 3. The head of the school or organization or their representatives must assign at least two
(2) representatives of the school or organization, as the case may be, to be present during the
initiation. It is the duty of such representative to see to it that no physical harm of any kind shall be
inflicted upon a recruit, neophyte or applicant.

REPUBLIC ACT No. 11053

"An Act Prohibiting Hazing and Regulating Other Forms of Initiation Rites of Fraternities,
Sororities, and Other Organizations, and Providing Penalties for Violations Thereof,
Amending for the Purpose Republic Act No. 8049, Entitled "An Act Regulating Hazing and
Other Forms of Initiation Rites in Fraternities Sororities, and Organizations and Providing
Penalties Therefor."

Section 1. A new section to be denomintaed as Section 1 is hereby inserted in Republic Act No.
8049, to read as follows:

"SECTION 1. Short Title. - This Act shall be known as sthe "Anti-Hazing Act of 2018".

Section 2. Section 1 of the same Act is hereby amended to read as follows:

"Section 2. Definition of Terms. - As used in this Act:

"(a) Hazing refers to any act that results in physical or psychological suffering, harm, or injury
inflicted on a recruit, neophyte, applicant, or member as part of an initiation rite or practice made as
a prerequisite for admission or a requirement for continuing membership in a fraternity, sorority, or
organization including, but not limited to paddling, whipping, beating, branding, forced calisthenics,
exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance,
or any other brutal treatment or forced physical activity which is likely to adversely affect the physical
and psychological health of such recruit, neophyte, applicant, or member. This shall also include any
activity, intentionally made or otherwise, by one person alone or acting with others, that tends to
humiliate or embarrass, degrade, abuse, or endanger, by requiring a recruit, neophyte, applicant, or
member to do menial, silly, or foolish tasks.
11
Page

11
"(b) Initiation or Initiation Rites refer to ceremonies, practices, rituals, or other acts, weather formal or
informal, that a person must perform or take part in order to be accepted into fraternity, sorority,
organization as a full-fledged member. It includes ceremonies practices , rituals, and other acts in all
stages of membership in a fraternity, sorority, or organization.

"(c) Organization refers to an organized body of people which includes, but it is not limited to, any
club, association, group, fraternity, and sorority. This term shall include the Armed Forces of the
Philippines (AFP), the Philippine National Police (PNP), the Philippine Miltary Academy (PMA), the
Philippine National Police Academy (PNPA), and other similar uniformed service learning
institutions.

"(d) Schools refer to colleges, universities, and other educational institutions."

Section 3. A new section to be denominated as Section 3 is hereby inserted in the same Act to
readas follows:

Sec. 3. Prohibition on Hazing. - All forms of hazing shall be prohibited in fraternities, sororities, and
organizations in schools, including citizens' military training and citizens' army training. This
prohibition shall likewise apply to all other fraternities, sororities, and organizations that are not
school-based, such as community-based and other similar fraternities, sororities and
organizations: Provide, That the physical, mental, and practices to determine and enhance the
physical, mental, and psychological fitness of prospective regular members of the AFP and the PNP
as approved by the Secretary of National Defense and National Police Commission, duly
recommended by the Chief of Staff of the AFP and Director General of the PNP, shall not be
considered as hazing purposes of this Act: Provided, further, That the exemption provided herein
shall likewise apply to similar procedures and practices approved by the respective heads of other
uniformed learning institutions as to their prospective members, nor shall this provision apply to any
customary athletic events or other similar contests or competitions or any activity or conduct that
furthers a legal and legitimate objective, subject to prior submission of a medical clearance or
certificate.

"In no case shall hazing be made a requirement for employment in any business or corporation."

Section 4. Section 2 of the same Act is hereby amended to read as follows:

"Sec. 4. Regulation of Schoo-Based Initiation Rites. Only initiation rites or practices that do not
constitute hazing shall be allowed: Provided, That:

"(a) A written application to conduct initiation rites shall be made to the proper authorities of the
school not later than seven (7) days prior to scheduled initiation date;

"(b) The written application shall indicate the place and date of the initiation rites and the names of
the recruits, neophytes, or applicants to be initiated and the manner by which they will conduct the
initiation rites;

"(d) The initiation rites shall not last more than three (3) days;

"(e) The application shall contain the names of the incumbent officers of the fraternity, sorority, or
12

organization and any person or persons who will take charge in the conduct of the initiation rites;
Page

12
"(f) The application shall be under oath with a declaration that it has been posted in the official
school bulletin board, the bulletin board of the office of the fraternity, sorority, or organization, and
two(2) other conspicuous places in the school or in the premises of the organization; and

"(g) The application shall be posted from the time of submission of the written notice to the school
authorities or head of organization and shall only be removed from its posting three (3) days after the
conduct of the initiation rites.

"The school, fraternity, sorority, or organization shall provide for their respective bulletin boards for
purposes of this section. 1âw phi 1

"Guidelines for the approval or denial of the application to conduct initiation rites by a registered
fraternity, sorority, organization shall be promulgated by the appropriate school official not later than
sixty (60) days after the approval of this Act. The appropriate school authorities shall have the
obligation to disapproved the application to conduct initiation rites that do not conform with any of the
requirements of this section, and in unequivocal terms in a formal advice to the fraternity sorority, or
organization concerned, taking into consideration the safety and security of participants in the
activity.

"School officials shall have the authority to impose after due notice and summary hearing,
disciplinary sanctions, in accordance with the school's guidelines and regulations on the matter,
which shall include, but shall not be limited to, reprimand, suspension, exclusion, or expulsion, to the
head and all other officers of the fraternity, sorority and organization which conducts an initiation
without first securing the necessary approval of the school as required under this section. All
members of the fraternity, sorority, or organization, who participated in the unauthorized initiation
rites, even if no hazing was conducted, shall also be punished accordingly.

"In case the written application for the conduct of initiation rites contains false or inaccurate
information, appropriate disciplinary sanctions in accordance with the school's guidelines and
regulations on the matter ranging from reprimand to expulsion shall be imposed, after due notice and
summary hearing, against the person who prepared the application or supplied the false and
inaccurate information and to the head and other officers of the fraternity, sorority, or organization
concerned."

Section 5. Section 3 of the same Act is hereby amended to read as follows:

Sec. 5. Monitoring of Initiation Rites.- The head of the school or an authorized representative must
assign at least two (2) representatives of the school to be present during the initiation. It is the duty
of the school representatives to see to it that no hazing is conducted during the initiation rites and to
document the entire proceedings. Thereafter, said representatives who were present during the
initiation shall make a report of the initiation rites to the appropriate officials of the school regarding
the conduct of the said initiation: Provided, That if hazing is still committed despite their presence, no
liability shall attach to them unless it is proven that they failed to perform an overt act to prevent or
stop the commission thereof."

Section 6. A new section to be denominated as Section 6 is hereby inserted in the same Act to read
as follows:
13
Page

13
Sec. 6. Registration of Fraternities, Sororities and Other Organizations. - All existing fraternities
sororities, and other organizations otherwise not created or organized by the school but has existing
members who are students or plans to recruit students to be its member shall be required to register
with the proper school authorities before it conducts activities whether on or off-campus, including
recruitment of members.

"A newly established fraternity, sorority, or organization in a school shall immediately register with
proper school authorities during the semester or trimester in which it was established or
organized: Provided, That the new fraternity, sorority, or organization has complied with the
requirements prescribed by the school in establishing a fraternity, sorority, or organization has
complied with the requirements prescribed by the school in establishing a fraternity, sorority, or
organization: Provided, further, That schools shall promulgate their guidelines in the registration of
fraternities , sororities, and organizations within their jurisdiction not later than sixty (60) days from
the approval of this Act.

"Upon registration, all fraternities, sororities, or organizations shall submit a comprehensive list of
members, which shall be updated not later than thirty (30) days from the start of every semester or
trimester, depending on the academic calendar of the school.

"School official shall have the authority to impose, after due notice and summary hearings,
disciplinary penalties in accordance with the school's guidelines and regulations on the matter
including suspension to the head and other officers of the fraternity, sorority, or organization who fail
to register or update their roster of members as required under this section.

"Failure to comply with any of the requirements in this section shall result in the cacellation of the
registration of the fraternity, sorority, or organization."

Section 7. A new section to be denominated as Section 7 is hereby inserted in he same Act to read
as follows:

Sec. 7. Faculty Adviser. - Schools shall require all fraternities, sororities, or organizations, as a
condition to the grant of accreditation or registration, to submit the name or names of their respective
faculty adviser or advisers who must not be members of the respective fraternity, sorority, or
organization. The submission shall also include a written acceptance or consent on the part of the
selected faculty adviser or advisers.

"The faculty advisers shall be responsible for monitoring the activities of the fraternity, sorority, or
organization is established or registered.

"In case of violation of any of the provisions of this Act, it is presumed that the faculty adviser has
knowledge and consented to the commission of any of the unlawful acts stated therein."

Section 8. A new section to be denominated as Section 8 is hereby inserted in the same Act to be
read as follows:
14
Page

14
Sec. 8. Role of Educational Institutions. - The responsibility of schools to exercises reasonable
supervision in loco parentis over the conduct of its students requires the diligence that prudent
parents would employ in the same circumstances when discriminating and protecting their children.
To this end, it shall be the duty of schools to take more proactive steps to protect its students from
the dangers of participating in activities that involve hazing.

"Schools shall implement an information dissemination campaign at the start of every semester or
trimester to provide adequate information to students and parents or guardians regarding the
consequences of conducting and participating in hazing.

"An orientation program relating to membership in a fraternity, sorority, or organization shall also be
conducted by schools at the start of every semester or trimester.

"Schools shall encourage fraternities, sororities, and organizations to engage in undertakings that
foster holistic personal growth and development and activities that contribute to solving relevant and
pressing issues of society."

Section 9. A new section to be denominated as Section 9 is hereby inserted in the same Act to read
as follows:

Sec. 9. Registration of Community-Based and Other Similar Fraternities, Sororities, or


Organizations. - All new and existing community-based fraternities, sororities, or organizations,
including their respective local chapters, shall register with the barangay, municipality, or city
wherein they are primarily based.

"Upon registration, all community-based fraternities, sororities, or organizations including their


respective local chapters, shall submit a comprehensive list of members and officers which shall be
updated yearly from the date of registration."

Section 10. A new section to be denominated as Section 10 is hereby inserted in the same Act to
read as follows:

"Sec. 10. Regulation of Initiation Rites for Community-Based Fraternities, Sororities, or


Organizations. - Only initiation rites or practices that do not constitute hazing shall be
allowed: Provided, That:

"(a) A written application to conduct the same shall be made to the punong barangay in the
barangay or municipal or city mayor in the municipality or city where the community-based fraternity,
sorority, or organization is based, not later than seven (7) days prior to the schedules initiation date;

"(b) The written initiation shall indicate the place and date of the initiation rites and the names of the
recruits, neophytes, or applicants to be initiated;

"(c) Such written application shall further contain an undertaking that no harm or any kind shall be
committed by anybody during the initiation rites;

"(d) A medical certificate of the recruit, neophyte, or applicant must be attached to the application to
ensure fitness to undergo initiation when it involves physical activity not failing under the definition of
15

hazingas used in this Act;


Page

"(e) The initiation rites shall not last more than three (3) days;

15
"(f) The application shall contain the names of the incumbent officers of the community-based
fraternity, sorority, or organization and any person or persons who will take charge in the conduct of
initiation rites;

"(g) The application shall be under oath with a declaration that it has been posted on the official
bulletin board of the barangay hall or the municipal or city hall where the community-based fraternity,
sorority or organization is based, and the bulletin board of the office of the community-based
fraternity, sorority or organization; and

"(h) The application shall be posted from the time of submission of the written notice to the punong
barangay or municipal or city mayor and shall only be removed from its posting three (3) days after
the conduct of the initiation rites."

Section 11. A new section to be denominated as Section 11 is here inserted in the same Act to read
as follows:

Sec. 11. Monitoring of Initiation Rites of Community-Based and All Similar Fraternities, Sororities or
Organizations. - The punong barangay of the barangay or the municipal or city mayor of the
municipality or city where community-based fraternity, sorority or organization is based must assign
at least two (2) barangay or municipal or city officials to be present during the initiation and
document the entire proceedings. Thereafter, said representatives who are present during the
initiation shall make a report of the initiation rites to the punong barangay, or the municipal or the city
mayor regarding the conduct of the initiation: Provided, That if hazing is still committed despite their
presence, no liability shall attached to them unless it is proven that they failed to perform an overt act
prevent or stop the commission thereof."

Section 12. A new section to be denominated as Section 12 is hereby inserted in the same Act to
read as follows:

Sec. 12. Nullity of Waiver and Consent. - Any form of approval, consent, or agreement, whether
written or otherwise, or of an express waiver of the right to object to the initiation rite or proceeding
which consists of hazing, as defined in this Act, made by a recruit, neophyte, or applicant prior to an
initiation rite that involves inflicting physical or psychological suffering, harm, or injury, shall be void
and without any binding effect on the parties. 1âwphi 1

"The defense that the recruit, neophyte, or applicant consented to being subjected to hazing shall
not be available to persons prosecuted under this Act."

Section 13. A new section to be denominated as Section 13 is hereby inserted in the same Act to
read as follows:

"Sec. 13 Administrative Sanctions. - The responsible officials of the school, the uniformed learning
institutions, the AFP or the PNP may impose the appropriate administrative sanctions, after due
notice and summary hearing, on the person or the persons charged under this Act even before their
conviction."
16
Page

16
Section 14. Section 4 of the same Act is hereby amended to read as follows:

"Sec. 14. Penalties. - The following penalties shall be imposed:

"(a) The penalty of reclusion perpetua and a fine of Three million pesos
(P3,000,000.00) shall be imposed upon those who actually planned or participated in
the hazing if, as a consequence of the hazing, death, rape, sodomy, or mutilation
results therefrom;

"(b) The penalty of reclusion perpetua and a fine of Two million pesos
(P2,000,000.00) shall be imposed upon:

"(1) All persons who actually planned or participated in the conduct of the
hazing;

"(2) All officers of the fraternity, sorority, or organization who are actually
present during the hazing;

"(3) The adviser of a fraternity, sorority, or organization who is present when


the acts constituting the hazing were committed and failed to take action to
prevent the same from occurring or failed to promptly report the same to the
law enforcement authorities if such adviser or adviser or advisers can do so
without peril to their person or their family;

"(4) All former officers, nonresident members, or alumni of the fraternity,


sorority, or organization who are also present during the
hazing: Provided, That should the former officer, nonresident member, or
alumnus be a member of the Philippine Bar, such member shall immediately
be subjected to disciplinary proceedings by the Supreme Court pursuant to
its power to discipline members of the Philippine Bar: Provided, further, That
should the former officer, nonresident member, or alumnus belong to any
other profession subject to regulation by the Professional Regulation
Commission (PRC), such professional shall immediately be subjected to
disciplinary proceedings by the concerned Professional Regulatory Board,
the imposable penalty for which shall include, but is not limited to,
suspension for a period of not less than three (3) or revocation of the
professional license. A suspended or revoked professional license pursuant
to this section may be reinstated upon submission of affidavits from at least
three (3) disinterested persons, good moral certifications from different
unaffiliated and credible government, religious, and socio-civic organizations
and such other relevant evidence to show that the concerned professional
has become morally fit for readmission into the profession: Provided, That
said readmission into the profession shall be subject to the approval of the
respective Professional Regulatory Board;

"(5) Officers ir members of a fraternity, sorority, or organization who


knowingly cooperated in carrying out the hazing by inducing the victim to be
present thereat; and
17

"(6) members of the fraternity, sorority, or organization who are present


Page

during the hazing when they are intoxicated or under the influence of alcohol
or illegal drugs;

17
"(c) The penalty of reclusion temporal in its maximum period and a fine of One million
pesos (P1,000,000.00) shall be imposed upon all persons who are present in the
conduct of the hazing;

"(d) The penalty of reclusion temporal and fine of One million pesos (P1,000,000.00)
shall be imposed upon former officers, nonresident member, alumni of the fraternity,
sorority, or organization who, after the commission of any of the prohibited acts
proscribed herein, will perform any act to hide, conceal, or otherwise hamper or
obstruct any investigation that will be conducted thereafter: Provided, That should the
former officer, nonresident member, or alumnus be a member of the Philippine Bar,
such member shall immediately be subjected to disciplinary proceedings by the
Supreme Court pursuant to its power to discipline members of the Philippine
Bar: Provided, further, That should the former officer, nonresident members, or
alumnus belong to any other profession subject to regulation by the PRC, such
professional shall immediately be subjected to disciplinary proceedings by the
concerned Professional Regulatory Board, the imposable penalty for which shall
include, but is not limited to, suspension for a period of not less than three (3) years
or revocation of the professional license pursuant to this section may be reinstated
upon submission of affidavits from at least three (3) disinterested persons, good
moral certifications from different unaffiliated and credible government, religious, and
socio-civic organizations, and such other relevant evidence to show that the
concerned professional has become morally fit for readmission into the
profession: Provided, That said readmission into the profession shall be subject to
the approval of the respective Professional Regulatory Board."

"(e) The penalty of prision correcional in its minimum period shall be imposed upon
any person who shall intimidate, threaten, force, or employ, or administer any form of
vexation against another person for the purpose of recruitment in joining or
promoting a particular fraternity, sorority, or organization. The perssistent and
repeated proposal or invitation made to a person who had twice refused to
participate or join the proposed fraternity, sorority, or organization, shall be prima
facie evidence of vexation for purposes of this section; and

"(f) A fine of One million pesos (P1,000,000.00) shall be imposed on the school if the
fraternity, sorority, or organization filed a written application to conduct an initiation
which was subsequently approved by the school and hazing occurred during the
initiation rites or when no representatives from the school were present during the
initiation as provided under Section 5 of this Act: Provided, That if hazing has been
committed in circumvention of the provisions of this Act, it is incumbent upon school
officials to investigate motu propio and take an active role to ascertain factual events
and identity witnesses in order to determine the disciplinary sanctions it may impose,
as well as provide assistance to police authorities."

"The owner or lessee of the place where hazing is conducted shall be liable as principal and
penalized under paragraphs (a) or (b) of this section, when such owner or lessee has actual
knowledge of the hazing conducted therein but failed to take any action to prevent the same from
occurring or failed to promptly report the same to the law enforcement authorities if they can do so
without peril to their person or their family. If the hazing is held in the home of one of the officers or
members of the fraternity, sorority, or organization, the parents shall be held liable as principals and
18

penalized under paragraphs (a) or (b) hereof when they have actual knowledge of the hazing
conducted therein but failed to take any action to prevent the same from occurring or failed to
Page

promptly report the same to the law enforcement authorities if such parents can do so without peril to
their person or their family.

18
"The school authorities including faculty members as well as barangay, municipal, or city officials
shall be liable as an accomplice and likewise be held administratively accountable for hazing
conducted by the fraternities, sororities, other organizations, if it can be shown that the school or
barangay, municipal, or city officials allowed or consented to the conduct of hazing, but such officials
failed to take anby action to prevent the same from occurring or failed to promptly report to the law
enforcement authorities if the same can be done without peril to their person or their family.

"The presence of any person, even if such person is not a member of the fraternity, sorority, or
organization, during the hazing is prima facie evidence of participation therein as a principal unless
such person or persons prevented the commission of the acts punishable herein or promptly
reported the same to the law enforcement authorities if they can do so without peril, to their person
or their family.

"The incumbent officers of the fraternity, sorority, or organization concerned shall be jointly liable
with those members who actually participated in the hazing.

"Any person charged under this Act shall not be entitled to the mitigating circumstances that there
was no intention to commit so grave a wrong.

"This section shall apply to the president, manager, director, or other responsible officer of
businesses or corporations engaged hazing as a requirement for employment in the manner
provided herein.

"Any conviction by final judgement shall be reflected on the scholastic record, personal, or
employment record of the person convicted, regardless of when the judgment conviction has
become final."

Section 15. A new section to be denominated as Section 15 is hereby inserted in the same Act to
read as follows:

Section 15. Implementing Rules and Regulations. (IRR). - The Commission on Higher Education
(CHED), together with the Department of Education (DepED), Department of Justice (DOJ),
Department of the Interior and Local Government (DILG), Department of Social Welfare and
Development (DSWD), AFP, PNP, and National Youth Commission (NYC), shall promulgate the IRR
within ninety (90) days from the effectivity of this Act."

Section 16. Separability Clause. - If any provision or part of this Act is declared invalid or
unconstitutional, the other parts or provisions hereof shall remain valid and effective.

Section 17. Repealing Clause. - Republic Act No. 8049 and all other laws, decrees, executive
orders, proclamations, rules or regulations, or parts thereof which are inconsistent with or contrary to
the provisions of this Act are hereby amended or modified accordingly.
19
Page

19
REPUBLIC ACT No. 6235

AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND FOR OTHER
PURPOSES.

Section 1. It shall be unlawful for any person to compel a change in the course or destination of an
aircraft of Philippine registry, or to seize or usurp the control thereof, while it is in flight. An aircraft is
in flight from the moment all its external doors are closed following embarkation until any of such
doors is opened for disembarkation.

It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in
Philippine territory or to seize or usurp the control thereof while it is within the said territory.

Section 2. Any person violating any provision of the foregoing section shall be punished by an
imprisonment of not less than twelve years but not more than twenty years, or by a fine of not less
than twenty thousand pesos but not more than forty thousand pesos.

The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-five thousand
pesos but not more than fifty thousand pesos shall be imposed upon any person committing such
violation under any of the following circumstances:

1. Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft;

2. Whenever he has exploded or attempted to explode any bomb or explosive to destroy the
aircraft; or

3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or


rape.

Section 3. It shall be unlawful for any person, natural or juridical, to ship, load or carry in any
passenger aircraft operating as a public utility within the Philippines, and explosive, flammable,
corrosive or poisonous substance or material.

20
Page

20
Republic Act No. 9995

AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM,
PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Anti-Photo and Video Voyeurism Act of
2009".

Section 2. Declaration of Policy. - The State values the dignity and privacy of every human person
and guarantees full respect for human rights. Toward this end, the State shall penalize acts that
would destroy the honor, dignity and integrity of a person.

Section 3. Definition of Terms. - For purposes of this Act, the term:

(a) "Broadcast" means to make public, by any means, a visual image with the intent that it be
viewed by a person or persons.

(b) "Capture" with respect to an image, means to videotape, photograph, film, record by any
means, or broadcast.

(c) "Female breast" means any portion of the female breast.

(d) "Photo or video voyeurism" means the act of taking photo or video coverage of a person
or group of persons performing sexual act or any similar activity or of capturing an image of
the private area of a person or persons without the latter's consent, under circumstances in
which such person/s has/have a reasonable expectation of privacy, or the act of selling,
copying, reproducing, broadcasting, sharing, showing or exhibiting the photo or video
coverage or recordings of such sexual act or similar activity through VCD/DVD, internet,
cellular phones and similar means or device without the written consent of the person/s
involved, notwithstanding that consent to record or take photo or video coverage of same
was given by such person's.

(e) "Private area of a person" means the naked or undergarment clad genitals, public area,
buttocks or female breast of an individual.

(f) "Under circumstances in which a person has a reasonable expectation of privacy" means
believe that he/she could disrobe in privacy, without being concerned that an image or a
private area of the person was being captured; or circumstances in which a reasonable
person would believe that a private area of the person would not be visible to the public,
regardless of whether that person is in a public or private place.

Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:

(a) To take photo or video coverage of a person or group of persons performing sexual act or
any similar activity or to capture an image of the private area of a person/s such as the
naked or undergarment clad genitals, public area, buttocks or female breast without the
21

consent of the person/s involved and under circumstances in which the person/s has/have a
reasonable expectation of privacy;
Page

21
(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or
recording of sexual act or any similar activity with or without consideration;

(c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of
sexual act, whether it be the original copy or reproduction thereof; or

(d) To publish or broadcast, or cause to be published or broadcast, whether in print or


broadcast media, or show or exhibit the photo or video coverage or recordings of such
sexual act or any similar activity through VCD/DVD, internet, cellular phones and other
similar means or device.

The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to record
or take photo or video coverage of the same was given by such person/s. Any person who violates
this provision shall be liable for photo or video voyeurism as defined herein.

Republic Act No. 7080 July 12, 1991

AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER

Be it enacted by the Senate and House of Representatives of the Philippines in Congress


assembled::

Section 1. Definition of Terms - As used in this Act, the term -

a) Public Officer means any person holding any public office in the Government of the
Republic of the Philippines by virtue of an appointment, election or contract.

b) Government includes the National Government, and any of its subdivisions, agencies or
instrumentalities, including government-owned or -controlled corporations and their
subsidiaries.

c) Person includes any natural or juridical person, unless the context indicates otherwise.

d) Ill-gotten wealth means any asset, property, business enterprise or material possession of
any person within the purview of Section Two (2) hereof, acquired by him directly or indirectly
through dummies, nominees, agents, subordinates and/or business associates by any
combination or series of the following means or similar schemes:

1) Through misappropriation, conversion, misuse, or malversation of public funds or


raids on the public treasury;

2) By receiving, directly or indirectly, any commission, gift, share, percentage,


kickbacks or any other form of pecuniary benefit from any person and/or entity in
22

connection with any government contract or project or by reason of the office or


position of the public officer concerned;
Page

22
3) By the illegal or fraudulent conveyance or disposition of assets belonging to the
National Government or any of its subdivisions, agencies or instrumentalities or
government-owned or -controlled corporations and their subsidiaries;

4) By obtaining, receiving or accepting directly or indirectly any shares of stock,


equity or any other form of interest or participation including promise of future
employment in any business enterprise or undertaking;

5) By establishing agricultural, industrial or commercial monopolies or other


combinations and/or implementation of decrees and orders intended to benefit
particular persons or special interests; or

6) By taking undue advantage of official position, authority, relationship, connection


or influence to unjustly enrich himself or themselves at the expense and to the
damage and prejudice of the Filipino people and the Republic of the Philippines.

See Section 2 As amended by Section


12 of RA No.7659
Section 2. Definition of the Crime of Plunder; Penalties - Any public officer who, by himself or in
connivance with members of his family, relatives by affinity or consanguinity, business associates,
subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a
combination or series of overt or criminal acts as described in Section 1(d) hereof, in the aggregate
amount or total value of at least Seventy-five million pesos (P75,000,000.00), shall be guilty of the
crime of plunder and shall be punished by life imprisonment with perpetual absolute disqualification
from holding any public office. Any person who participated with said public officer in the commission
of plunder shall likewise be punished. In the imposition of penalties, the degree of participation and
the attendance of mitigating and extenuating circumstances shall be considered by the court. The
court shall declare any and all ill-gotten wealth and their interests and other incomes and assets
including the properties and shares of stock derived from the deposit or investment thereof forfeited
in favor of the State.

Section 12. Section 2 of Republic Act No. 7080 (An Act Defining and Penalizing the Crime of
Plunder) is hereby amended to read as follows:

"Sec. 2. Definition of the Crime of Plunder; Penalties. - Any public officer who, by himself or
in connivance with members of his family, relatives by affinity or consanguinity, business
associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten
wealth through a combination or series of overt criminal acts as described in Section 1 (d)
hereof in the aggregate amount or total value of at least Fifty million pesos (P50,000,000.00)
shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death.
Any person who participated with the said public officer in the commission of an offense
contributing to the crime of plunder shall likewise be punished for such offense. In the
imposition of penalties, the degree of participation and the attendance of mitigating and
extenuating circumstances, as provided by the Revised Penal Code, shall be considered by
the court. The court shall declare any and all ill-gotten wealth and their interests and other
incomes and assets including the properties and shares of stocks derived from the deposit or
investment thereof forfeited in favor of the State."
23
Page

23
REPUBLIC ACT No. 7877

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT,


EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress


assembled:

Section 1. Title. - This Act shall be known as the "Anti-Sexual Harassment Act of 1995."

Section 2. Declaration of Policy. - The State shall value the dignity of every individual, enhance the
development of its human resources, guarantee full respect for human rights, and uphold the dignity
of workers, employees, applicants for employment, students or those undergoing training, instruction
or education. Towards this end, all forms of sexual harassment in the employment, education or
training environment are hereby declared unlawful.

Section 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work, education or
training-related sexual harassment is committed by an employer, employee, manager, supervisor,
agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having
authority, influence or moral ascendancy over another in a work or training or education
environment, demands, requests or otherwise requires any sexual favor from the other, regardless
of whether the demand, request or requirement for submission is accepted by the object of said Act.

(a) In a work-related or employment environment, sexual harassment is committed when:

(1) The sexual favor is made as a condition in the hiring or in the employment, re-
employment or continued employment of said individual, or in granting said individual
favorable compensation, terms of conditions, promotions, or privileges; or the refusal
to grant the sexual favor results in limiting, segregating or classifying the employee
which in any way would discriminate, deprive ordiminish employment opportunities or
otherwise adversely affect said employee;

(2) The above acts would impair the employee's rights or privileges under existing
labor laws; or

(3) The above acts would result in an intimidating, hostile, or offensive environment
for the employee.

(b) In an education or training environment, sexual harassment is committed:

(1) Against one who is under the care, custody or supervision of the offender;

(2) Against one whose education, training, apprenticeship or tutorship is entrusted to


the offender;

(3) When the sexual favor is made a condition to the giving of a passing grade, or the
granting of honors and scholarships, or the payment of a stipend, allowance or other
benefits, privileges, or consideration; or
24
Page

24
(4) When the sexual advances result in an intimidating, hostile or offensive
environment for the student, trainee or apprentice.

Any person who directs or induces another to commit any act of sexual harassment as
herein defined, or who cooperates in the commission thereof by another without which it
would not have been committed, shall also be held liable under this Act.

REPUBLIC ACT N0. 9745

AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING


TREATMENT OR PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress


assembled:

Section 1. Short Title. - This Ad shall be known as the "Anti-Torture Act of 2009".

Section 2. Statement of Policy. - It is hereby declared the policy of the State:

(a) To value the dignity of every human person and guarantee full respect for human rights;

(b) To ensure that the human rights of all persons, including suspects, detainees and
prisoners are respected at all times; and that no person placed under investigation or held in
custody of any person in authority or, agent of a person authority shall be subjected to
physical, psychological or mental harm, force, violence, threat or intimidation or any act that
impairs his/her free wi11 or in any manner demeans or degrades human dignity;

(c) To ensure that secret detention places, solitary, incommunicado or other similar forms of
detention, where torture may be carried out with impunity, are prohibited; and

(d) To fully adhere to the principles and standards on the absolute condemnation and
prohibition of torture as provided for in the 1987 Philippine Constitution; various international
instruments to which the Philippines is a State party such as, but not limited to, the
International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of
the Child (CRC), the Convention on the Elimination of All Forms of Discrimination Against
Women (CEDA W) and the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT); and all other relevant international human rights
instruments to which the Philippines is a signatory.

Section 3. Definitions. - For purposes of this Act, the following terms shall mean:

(a) "Torture" refers to an act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him/her or a third
person information or a confession; punishing him/her for an act he/she or a third person has
committed or is suspected of having committed; or intimidating or coercing him/her or a third
person; or for any reason based on discrimination of any kind, when such pain or suffering is
25

inflicted by or at the instigation of or with the consent or acquiescence of a person in


authority or agent of a person in authority. It does not include pain or Buffering arising only
Page

from, inherent in or incidental to lawful sanctions.

25
(b) "Other cruel, inhuman and degrading treatment or punishment" refers to a deliberate and
aggravated treatment or punishment not enumerated under Section 4 of this Act, inflicted by
a person in authority or agent of a person in authority against a person under his/her
custody, which attains a level of severity causing suffering, gross humiliation or debasement
to the latter.

(c) "Victim" refers to the person subjected to torture or other cruel, inhuman and degrading
treatment or punishment as defined above and any individual who has suffered harm as a
result of any act(s) of torture, or other cruel, inhuman and degrading treatment or
punishment.

(d) "Order of Battle" refers to any document or determination made by the military, police or
any law enforcement agency of the government, listing the names of persons and
organizations that it perceives to be enemies of the State and that it considers as legitimate
targets as combatants that it could deal with, through the use of means allowed by domestic
and international law.

Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the
following:

(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or


agent of a person in authority upon another in his/her custody that causes severe pain,
exhaustion, disability or dysfunction of one or more parts of the body, such as:

(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or


rifle butt or other similar objects, and jumping on the stomach;

(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta
and other stuff or substances not normally eaten;

(3) Electric shock;

(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing
of pepper or other chemical substances on mucous membranes, or acids or spices
directly on the wound(s);

(5) The submersion of the head in water or water polluted with excrement, urine,
vomit and/or blood until the brink of suffocation;

(6) Being tied or forced to assume fixed and stressful bodily position;

(7) Rape and sexual abuse, including the insertion of foreign objects into the sex
organ or rectum, or electrical torture of the genitals;

(8) Mutilation or amputation of the essential parts of the body such as the genitalia,
ear, tongue, etc.;

(9) Dental torture or the forced extraction of the teeth;


26

(10) Pulling out of fingernails;


Page

26
(11) Harmful exposure to the elements such as sunlight and extreme cold;

(12) The use of plastic bag and other materials placed over the head to the point of
asphyxiation;

(13) The use of psychoactive drugs to change the perception, memory. alertness or
will of a person, such as:

(i) The administration or drugs to induce confession and/or reduce mental


competency; or

(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and

(14) Other analogous acts of physical torture; and

(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent


of a person in authority which are calculated to affect or confuse the mind and/or undermine
a person's dignity and morale, such as:

(1) Blindfolding;

(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other
wrongful acts;

(3) Confinement in solitary cells or secret detention places;

(4) Prolonged interrogation;

(5) Preparing a prisoner for a "show trial", public display or public humiliation of a
detainee or prisoner;

(6) Causing unscheduled transfer of a person deprived of liberty from one place to
another, creating the belief that he/she shall be summarily executed;

(7) Maltreating a member/s of a person's family;

(8) Causing the torture sessions to be witnessed by the person's family, relatives or
any third party;

(9) Denial of sleep/rest;

(10) Shame infliction such as stripping the person naked, parading him/her in public
places, shaving the victim's head or putting marks on his/her body against his/her
will;

(11) Deliberately prohibiting the victim to communicate with any member of his/her
family; and
27

(12) Other analogous acts of mental/psychological torture.


Page

27
Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel, inhuman
or degrading treatment or punishment refers to a deliberate and aggravated treatment or punishment
not enumerated under Section 4 of this Act, inflicted by a person in authority or agent of a person in
authority against another person in custody, which attains a level of severity sufficient to cause
suffering, gross humiliation or debasement to the latter. The assessment of the level of severity shall
depend on all the circumstances of the case, including the duration of the treatment or punishment,
its physical and mental effects and, in some cases, the sex, religion, age and state of health of the
victim.

Republic Act No. 9208 May 26, 2003

AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY


WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS
FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES
FOR ITS VIOLATIONS, AND FOR OTHER

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

Section 1. Title. This Act shall be known as the "Anti-Trafficking in Persons Act of 2003".

Section 2. Declaration of Policy. – It is hereby declared that the State values the dignity of every
human person and guarantees the respect of individual rights. In pursuit of this policy, the State shall
give highest priority to the enactment of measures and development of programs that will promote
human dignity, protect the people from any threat of violence and exploitation, eliminate trafficking in
persons, and mitigate pressures for involuntary migration and servitude of persons, not only to
support trafficked persons but more importantly, to ensure their recovery, rehabilitation and
reintegration into the mainstream of society.

It shall be a State policy to recognize the equal rights and inherent human dignity of women and men
as enshrined in the United Nations Universal Declaration on Human Rights, United Nations
Convention on the Rights of the Child, United Nations Convention on the Protection of Migrant
Workers and their Families. United Nations Convention Against Transnational Organized Crime
Including its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children and all other relevant and universally accepted human rights instruments and other
international conventions to which the Philippines is a signatory.

Section 3. Definition of Terms. - As used in this Act:

(a) Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or


receipt of persons with or without the victim's consent or knowledge, within or across national
borders by means of threat or use of force, or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking advantage of the vulnerability of the person,
or, the giving or receiving of payments or benefits to achieve the consent of a person having
28

control over another person for the purpose of exploitation which includes at a minimum, the
exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or
Page

services, slavery, servitude or the removal or sale of organs.

28
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of
exploitation shall also be considered as "trafficking in persons" even if it does not involve any
of the means set forth in the preceding paragraph.

(b) Child - refers to a person below eighteen (18) years of age or one who is over eighteen
(18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or condition.

(c) Prostitution - refers to any act, transaction, scheme or design involving the use of a
person by another, for sexual intercourse or lascivious conduct in exchange for money, profit
or any other consideration.

(d) Forced Labor and Slavery - refer to the extraction of work or services from any person by
means of enticement, violence, intimidation or threat, use of force or coercion, including
deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception.

(e) Sex Tourism - refers to a program organized by travel and tourism-related establishments
and individuals which consists of tourism packages or activities, utilizing and offering escort
and sexual services as enticement for tourists. This includes sexual services and practices
offered during rest and recreation periods for members of the military.

(f) Sexual Exploitation - refers to participation by a person in prostitution or the production of


pornographic materials as a result of being subjected to a threat, deception, coercion,
abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victim's
vulnerability.

(g) Debt Bondage - refers to the pledging by the debtor of his/her personal services or labor
or those of a person under his/her control as security or payment for a debt, when the length
and nature of services is not clearly defined or when the value of the services as reasonably
assessed is not applied toward the liquidation of the debt.

(h) Pornography - refers to any representation, through publication, exhibition,


cinematography, indecent shows, information technology, or by whatever means, of a person
engaged in real or simulated explicit sexual activities or any representation of the sexual
parts of a person for primarily sexual purposes.

(i) Council - shall mean the Inter-Agency Council Against Trafficking created under Section
20 of this Act.

Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to
commit any of the following acts:

(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means,
including those done under the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
29
Page

29
(b) To introduce or match for money, profit, or material, economic or other consideration, any
person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign
national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her
to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;

(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying,
offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation,
forced labor or slavery, involuntary servitude or debt bondage;

(d) To undertake or organize tours and travel plans consisting of tourism packages or
activities for the purpose of utilizing and offering persons for prostitution, pornography or
sexual exploitation;

(e) To maintain or hire a person to engage in prostitution or pornography;

(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force,
fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs
of said person; and

(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or
abroad.

Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate
trafficking in persons, shall be unlawful:

(a) To knowingly lease or sublease, use or allow to be used any house, building or
establishment for the purpose of promoting trafficking in persons;

(b) To produce, print and issue or distribute unissued, tampered or fake counseling
certificates, registration stickers and certificates of any government agency which issues
these certificates and stickers as proof of compliance with government regulatory and pre-
departure requirements for the purpose of promoting trafficking in persons;

(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement,


publication, printing, broadcasting or distribution by any means, including the use of
information technology and the internet, of any brochure, flyer, or any propaganda material
that promotes trafficking in persons;

(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the
acquisition of clearances and necessary exit documents from government agencies that are
mandated to provide pre-departure registration and services for departing persons for the
purpose of promoting trafficking in persons;

(e) To facilitate, assist or help in the exit and entry of persons from/to the country at
30

international and local airports, territorial boundaries and seaports who are in possession of
unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in
Page

persons;

30
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents
or belongings of trafficked persons in furtherance of trafficking or to prevent them from
leaving the country or seeking redress from the government or appropriate agencies; and

(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of
a person held to a condition of involuntary servitude, forced labor, or slavery.

Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:

(a) When the trafficked person is a child;

(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the
"Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;

(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another. It is deemed committed in large scale if committed against
three (3) or more persons, individually or as a group;

(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises
authority over the trafficked person or when the offense is committed by a public officer or
employee;

(e) When the trafficked person is recruited to engage in prostitution with any member of the
military or law enforcement agencies;

(f) When the offender is a member of the military or law enforcement agencies; and

(g) When by reason or on occasion of the act of trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus
(HIV) or the Acquired Immune Deficiency Syndrome (AIDS).

31
Page

31
Republic Act No. 9262 March 08, 2004

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress


assembled:

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their
Children Act of 2004".

SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women
and children and guarantees full respect for human rights. The State also recognizes the need to
protect the family and its members particularly women and children, from violence and threats to
their personal safety and security.

Towards this end, the State shall exert efforts to address violence committed against women and
children in keeping with the fundamental freedoms guaranteed under the Constitution and the
Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of all
forms of discrimination Against Women, Convention on the Rights of the Child and other
international human rights instruments of which the Philippines is a party.

SECTION 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a series of acts
committed by any person against a woman who is his wife, former wife, or against a woman
with whom the person has or had a sexual or dating relationship, or with whom he has a
common child, or against her child whether legitimate or illegitimate, within or without the
family abode, which result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following
acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a


woman or her child. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her


child as a sex object, making demeaning and sexually suggestive remarks,
physically attacking the sexual parts of the victim's body, forcing her/him to
watch obscene publications and indecent shows or forcing the woman or her
child to do indecent acts and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep together in the same
room with the abuser;

b) acts causing or attempting to cause the victim to engage in any sexual


32

activity by force, threat of force, physical or other harm or threat of physical or


other harm or coercion;
Page

32
c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause


mental or emotional suffering of the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule or humiliation, repeated
verbal abuse and mental infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a member of the family to
which the victim belongs, or to witness pornography in any form or to witness
abusive injury to pets or to unlawful or unwanted deprivation of the right to custody
and/or visitation of common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman


financially dependent which includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in


any legitimate profession, occupation, business or activity, except in cases
wherein the other spouse/partner objects on valid, serious and moral grounds
as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to


the use and enjoyment of the conjugal, community or property owned in
common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the


conjugal money or properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting
to the physical and psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological


and behavioral symptoms found in women living in battering relationships as a result of
cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without
lawful justification follows the woman or her child or places the woman or her child under
surveillance directly or indirectly or a combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife
without the benefit of marriage or are romantically involved over time and on a continuing
basis during the course of the relationship. A casual acquaintance or ordinary socialization
between two individuals in a business or social context is not a dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing
of a common child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the
33

Department of Social Welfare and Development (DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes of this Act or any other suitable place
Page

the resident of which is willing temporarily to receive the victim.

33
(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of
taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it
includes the biological children of the victim and other children under her care.

SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety
of victims of violence against women and their children.

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against
women and their children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which
the woman or her child has the right to desist from or desist from conduct which the woman
or her child has the right to engage in, or attempting to restrict or restricting the woman's or
her child's freedom of movement or conduct by force or threat of force, physical or other
harm or threat of physical or other harm, or intimidation directed against the woman or child.
This shall include, but not limited to, the following acts committed with the purpose or effect
of controlling or restricting the woman's or her child's movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to
her/his family;

(2) Depriving or threatening to deprive the woman or her children of financial support
legally due her or her family, or deliberately providing the woman's children
insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation,


business or activity or controlling the victim's own mon4ey or properties, or solely
controlling the conjugal or common money, or properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity
which does not constitute rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or her/his immediate family;
34
Page

34
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that
alarms or causes substantial emotional or psychological distress to the woman or her child.
This shall include, but not be limited to, the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her
child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child
against her/his will;

(4) Destroying the property and personal belongings or inflicting harm to animals or
pets of the woman or her child; and

(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her
child, including, but not limited to, repeated verbal and emotional abuse, and denial of
financial support or custody of minor children of access to the woman's child/children

SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the
courts to be suffering from battered woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for justifying circumstances of self-defense
under the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered woman
syndrome at the time of the commission of the crime, the courts shall be assisted by expert
psychiatrists/ psychologists

BATAS PAMBANSA BLG. 22

AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT


SUFFICIENT FUNDS OR CREDIT AND FOR OTHER PURPOSES.

Section 1. Checks without sufficient funds. - Any person who makes or draws and issues any check
to apply on account or for value, knowing at the time of issue that he does not have sufficient funds
in or credit with the drawee bank for the payment of such check in full upon its presentment, which
check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would
have been dishonored for the same reason had not the drawer, without any valid reason, ordered
the bank to stop payment, shall be punished by imprisonment of not less than thirty days but not
more than one (1) year or by a fine of not less than but not more than double the amount of the
check which fine shall in no case exceed Two Hundred Thousand Pesos, or both such fine and
imprisonment at the discretion of the court.
35
Page

35
The same penalty shall be imposed upon any person who, having sufficient funds in or credit with
the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to
maintain a credit to cover the full amount of the check if presented within a period of ninety (90) days
from the date appearing thereon, for which reason it is dishonored by the drawee bank.

Where the check is drawn by a corporation, company or entity, the person or persons who actually
signed the check in behalf of such drawer shall be liable under this Act.

Section 2. Evidence of knowledge of insufficient funds. - The making, drawing and issuance of a
check payment of which is refused by the drawee because of insufficient funds in or credit with such
bank, when presented within ninety (90) days from the date of the check, shall be prima facie
evidence of knowledge of such insufficiency of funds or credit unless such maker or drawer pays the
holder thereof the amount due thereon, or makes arrangements for payment in full by the drawee of
such check within (5) banking days after receiving notice that such check has not been paid by the
drawee.

REPUBLIC ACT NO. 10640

AN ACT TO FURTHER STRENGTHEN THE ANTI-DRUG CAMPAIGN OF THE GOVERNMENT,


AMENDING FOR THE PURPOSE SECTION 21 OF REPUBLIC ACT NO. 9165, OTHERWISE
KNOWN AS THE "COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress


assembled:

Section 1. Section 21 of Republic Act No. 9165, otherwise known as the "Comprehensive
Dangerous Drugs Act of 2002", is hereby amended to read as follows:

"SEC. 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs,
Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. – The PDEA shall take charge and have
custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and
essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so
confiscated, seized and/or surrendered, for proper disposition in the following manner:

"(1) The apprehending team having initial custody and control of the dangerous drugs, controlled
precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment shall,
immediately after seizure and confiscation, conduct a physical inventory of the seized items and
photograph the same in the presence of the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, with an elected public official and a
representative of the National Prosecution Service or the media who shall be required to sign the
copies of the inventory and be given a copy thereof: Provided, That the physical inventory and
photograph shall be conducted at the place where the search warrant is served; or at the nearest
police station or at the nearest office of the apprehending officer/team, whichever is practicable, in
36

case of warrantless seizures: Provided, finally, That noncompliance of these requirements under
justifiable grounds, as long as the integrity and the evidentiary value of the seized items are properly
Page

preserved by the apprehending officer/team, shall not render void and invalid such seizures and
custody over said items.

36
"x x x

"(3) A certification of the forensic laboratory examination results, which shall be done by the forensic
laboratory examiner, shall be issued immediately upon the receipt of the subject
item/s: Provided, That when the volume of dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals does not allow the completion of testing within the
time frame, a partial laboratory examination report shall be provisionally issued stating therein the
quantities of dangerous drugs still to be examined by the forensic laboratory: Provided,
however, That a final certification shall be issued immediately upon completion of the said
examination and certification;

"x x x."
1âw phi1

Section 2. Implementing Rules and Regulations (IRR). – To implement effectively the provisions of
Section 21, the Philippine Drug Enforcement Agency (PDEA) shall issue the necessary guidelines
on the IRR for the purpose in consultation with the Department of Justice (DO J) and relevant
sectors to curb increasing drug cases.

Section 3. Separability Clause. – If any provision or part hereof is held invalid or unconstitutional,
the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

Section 4. Repealing Clause. – All laws, presidential decrees or issuances, executive orders, letters
of instruction, administrative orders, rules and regulations contrary to or inconsistent with the
provisions of this Act are hereby repealed, modified or amended accordingly.

Section 5. Effectivity. – This Act shall take effect fifteen (15) days after its complete publication in at
least two (2) newspapers of general circulation.

REPUBLIC ACT NO. 9165 June 7, 2002

AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002,


REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS
ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of


Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law,
shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or
37

transport any dangerous drug, including any and all species of opium poppy regardless of the
quantity and purity involved, or shall act as a broker in any of such transactions.
Page

37
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell,
trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport
any controlled precursor and essential chemical, or shall act as a broker in such transactions.

If the sale, trading, administration, dispensation, delivery, distribution or transportation of any


dangerous drug and/or controlled precursor and essential chemical transpires within one hundred
(100) meters from the school, the maximum penalty shall be imposed in every case.

For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and
messengers, or in any other capacity directly connected to the dangerous drugs and/or controlled
precursors and essential chemical trade, the maximum penalty shall be imposed in every case.

If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous
drug and/or a controlled precursor and essential chemical involved in any offense herein provided be
the proximate cause of death of a victim thereof, the maximum penalty provided for under this
Section shall be imposed.

The maximum penalty provided for under this Section shall be imposed upon any person who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.

Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous
drug in the following quantities, regardless of the degree of purity thereof:

(1) 10 grams or more of opium;

(2) 10 grams or more of morphine;

(3) 10 grams or more of heroin;

(4) 10 grams or more of cocaine or cocaine hydrochloride;

(5) 50 grams or more of methamphetamine hydrochloride or "shabu";

(6) 10 grams or more of marijuana resin or marijuana resin oil;

(7) 500 grams or more of marijuana; and


38
Page

38
(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs and
their derivatives, without having any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements, as determined and promulgated by the Board in
accordance to Section 93, Article XI of this Act.

Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be
graduated as follows:

(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00)
to Five hundred thousand pesos (P500,000.00), if the quantity of methamphetamine
hydrochloride or "shabu" is ten (10) grams or more but less than fifty (50) grams;

(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging
from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos
(P500,000.00), if the quantities of dangerous drugs are five (5) grams or more but less than
ten (10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana
resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous
drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those
similarly designed or newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or
three hundred (300) grams or more but less than five (hundred) 500) grams of marijuana;
and

(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos
(P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium,
morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not
limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly
introduced drugs and their derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or less than three hundred (300) grams of
marijuana.

Section 15. Use of Dangerous Drugs. – A person apprehended or arrested, who is found to
be positive for use of any dangerous drug, after a confirmatory test, shall be imposed a
penalty of a minimum of six (6) months rehabilitation in a government center for the first
offense, subject to the provisions of Article VIII of this Act. If apprehended using any
dangerous drug for the second time, he/she shall suffer the penalty of imprisonment ranging
from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand
pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That this
Section shall not be applicable where the person tested is also found to have in his/her
possession such quantity of any dangerous drug provided for under Section 11 of this Act, in
which case the provisions stated therein shall apply.
39
Page

39
REPUBLIC ACT No. 10591

AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND AMMUNITION AND


PROVIDING PENALTIES FOR VIOLATIONS THEREO

Section 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. – The unlawful
acquisition, possession of firearms and ammunition shall be penalized as follows:

(a) The penalty of prision mayor in its medium period shall be imposed upon any person who
shall unlawfully acquire or possess a small arm;

(b) The penalty of reclusion temporal to reclusion perpetua shall be imposed if three (3) or
more small arms or Class-A light weapons are unlawfully acquired or possessed by any
person;

(c) The penalty of prision mayor in its maximum period shall be imposed upon any person
who shall unlawfully acquire or possess a Class-A light weapon;

(d) The penalty of reclusion perpetua shall be imposed upon any person who shall,
unlawfully acquire or possess a Class-B light weapon;

(e) The penalty of one (1) degree higher than that provided in paragraphs (a) to (c) in this
section shall be imposed upon any person who shall unlawfully possess any firearm under
any or combination of the following conditions:

(1) Loaded with ammunition or inserted with a loaded magazine;

(2) Fitted or mounted with laser or any gadget used to guide the shooter to hit the
target such as thermal weapon sight (TWS) and the like;

(3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;

(4) Accompanied with an extra barrel; and

(5) Converted to be capable of firing full automatic bursts.

(f) The penalty of prision mayor in its minimum period shall be imposed upon any person
who shall unlawfully acquire or possess a major part of a small arm;

(g) The penalty of prision mayor in its minimum period shall be imposed upon any person
who shall unlawfully acquire or possess ammunition for a small arm or Class-A light weapon.
If the violation of this paragraph is committed by the same person charged with the unlawful
acquisition or possession of a small arm, the former violation shall be absorbed by the latter;

(h) The penalty of prision mayor in its medium period shall be imposed upon any person who
shall unlawfully acquire or possess a major part of a Class-A light weapon;
40

(i) The penalty of prision mayor in its medium period shall be imposed upon any person who
shall unlawfully acquire or possess ammunition for a Class-A light weapon. If the violation of
Page

this paragraph is committed by the same person charged with the unlawful acquisition or
possession of a Class-A light weapon, the former violation shall be absorbed by the latter;

40
(j) The penalty of prision mayor in its maximum period shall be imposed upon any person
who shall unlawfully acquire or possess a major part of a Class-B light weapon; and

(k) The penalty of prision mayor in its maximum period shall be imposed upon any person
who shall unlawfully acquire or possess ammunition for a Class-B light weapon. If the
violation of this paragraph is committed by the same person charged with the unlawful
acquisition or possession of a Class-B light weapon, the former violation shall be absorbed
by the latter.

Section 29. Use of Loose Firearm in the Commission of a Crime. – The use of a loose firearm, when
inherent in the commission of a crime punishable under the Revised Penal Code or other special
laws, shall be considered as an aggravating circumstance: Provided, That if the crime committed
with the use of a loose firearm is penalized by the law with a maximum penalty which is lower than
that prescribed in the preceding section for illegal possession of firearm, the penalty for illegal
possession of firearm shall be imposed in lieu of the penalty for the crime
charged: Provided, further, That if the crime committed with the use of a loose firearm is penalized
by the law with a maximum penalty which is equal to that imposed under the preceding section for
illegal possession of firearms, the penalty of prision mayor in its minimum period shall be imposed in
addition to the penalty for the crime punishable under the Revised Penal Code or other special laws
of which he/she is found guilty.

If the violation of this Act is in furtherance of, or incident to, or in connection with the crime of
rebellion of insurrection, or attempted coup d’ etat, such violation shall be absorbed as an element of
the crime of rebellion or insurrection, or attempted coup d’ etat.

If the crime is committed by the person without using the loose firearm, the violation of this Act shall
be considered as a distinct and separate offense.

REPUBLIC ACT NO. 10175

AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION,


SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER
PURPOSES

Section 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime
punishable under this Act:

(a) Offenses against the confidentiality, integrity and availability of computer data and
systems:

(1) Illegal Access. – The access to the whole or any part of a computer system
without right.

(2) Illegal Interception. – The interception made by technical means without right of
any non-public transmission of computer data to, from, or within a computer system
including electromagnetic emissions from a computer system carrying such computer
41

data.
Page

41
(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or
deterioration of computer data, electronic document, or electronic data message,
without right, including the introduction or transmission of viruses.

(4) System Interference. — The intentional alteration or reckless hindering or


interference with the functioning of a computer or computer network by inputting,
transmitting, damaging, deleting, deteriorating, altering or suppressing computer data
or program, electronic document, or electronic data message, without right or
authority, including the introduction or transmission of viruses.

(5) Misuse of Devices.

(i) The use, production, sale, procurement, importation, distribution, or


otherwise making available, without right, of:

(aa) A device, including a computer program, designed or adapted


primarily for the purpose of committing any of the offenses under this
Act; or

(bb) A computer password, access code, or similar data by which the


whole or any part of a computer system is capable of being accessed
with intent that it be used for the purpose of committing any of the
offenses under this Act.

(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above


with intent to use said devices for the purpose of committing any of the
offenses under this section.

(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith
to profit, mislead, destroy reputation, and deprive others from registering the same, if
such a domain name is:

(i) Similar, identical, or confusingly similar to an existing trademark registered


with the appropriate government agency at the time of the domain name
registration:

(ii) Identical or in any way similar with the name of a person other than the
registrant, in case of a personal name; and

(iii) Acquired without right or with intellectual property interests in it.

(b) Computer-related Offenses:

(1) Computer-related Forgery. —

(i) The input, alteration, or deletion of any computer data without right
resulting in inauthentic data with the intent that it be considered or acted
upon for legal purposes as if it were authentic, regardless whether or not the
42

data is directly readable and intelligible; or


Page

42
(ii) The act of knowingly using computer data which is the product of
computer-related forgery as defined herein, for the purpose of perpetuating a
fraudulent or dishonest design.

(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of


computer data or program or interference in the functioning of a computer system,
causing damage thereby with fraudulent intent: Provided, That if no

damage has yet been caused, the penalty imposable shall be one (1) degree lower.

(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse,


transfer, possession, alteration or deletion of identifying information belonging to
another, whether natural or juridical, without right: Provided, That if no damage has
yet been caused, the penalty imposable shall be one (1) degree lower.

(c) Content-related Offenses:

(1) Cybersex. — The willful engagement, maintenance, control, or operation, directly


or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the
aid of a computer system, for favor or consideration.

(2) Child Pornography. — The unlawful or prohibited acts defined and punishable
by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed
through a computer system: Provided, That the penalty to be imposed shall be (1)
one degree higher than that provided for in Republic Act No. 9775. 1âwphi 1

(3) Unsolicited Commercial Communications. — The transmission of commercial


electronic communication with the use of computer system which seek to advertise,
sell, or offer for sale products and services are prohibited unless:

(i) There is prior affirmative consent from the recipient; or

(ii) The primary intent of the communication is for service and/or


administrative announcements from the sender to its existing users,
subscribers or customers; or

(iii) The following conditions are present:

(aa) The commercial electronic communication contains a simple,


valid, and reliable way for the recipient to reject. receipt of further
commercial electronic messages (opt-out) from the same source;

(bb) The commercial electronic communication does not purposely


disguise the source of the electronic message; and

(cc) The commercial electronic communication does not purposely


include misleading information in any part of the message in order to
induce the recipients to read the message.
43
Page

43
(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the
Revised Penal Code, as amended, committed through a computer system or any
other similar means which may be devised in the future.

Section 5. Other Offenses. — The following acts shall also constitute an offense:

(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or
aids in the commission of any of the offenses enumerated in this Act shall be held liable.

(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit
any of the offenses enumerated in this Act shall be held liable.

Section 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special
laws, if committed by, through and with the use of information and communications technologies
shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed
shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and
special laws, as the case may be.

Republic Act No. 9372 March 6, 2007

AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM

SECTION 1. Short Title. - This Act shall henceforth be known as the "Human Security Act of
2007."

SEC. 2. Declaration of Policy. - It is declared a policy of the State to protect life, liberty, and
property from acts of terrorism, to condemn terrorism as inimical and dangerous to the national
security of the country and to the welfare of the people, and to make terrorism a crime against the
Filipino people, against humanity, and against the law of nations.

In the implementation of the policy stated above, the State shall uphold the basic rights and
fundamental liberties of the people as enshrined in the Constitution.

The State recognizes that the fight against terrorism requires a comprehensive approach,
comprising political, economic, diplomatic, military, and legal means duly taking into account the root
causes of terrorism without acknowledging these as justifications for terrorist and/or criminal
activities. Such measures shall include conflict management and post-conflict peace-building,
addressing the roots of conflict by building state capacity and promoting equitable economic
development.

Nothing in this Act shall be interpreted as a curtailment, restriction or diminution of constitutionally


recognized powers of the executive branch of the government. It is to be understood, however that
the exercise of the constitutionally recognized powers of the executive department of the
government shall not prejudice respect for human rights which shall be absolute and protected at all
44

times.
Page

44
SEC. 3. Terrorism.- Any person who commits an act punishable under any of the following
provisions of the Revised Penal Code:

a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);

b. Article 134 (Rebellion or Insurrection);

c. Article 134-a (Coup d' Etat), including acts committed by private persons;

d. Article 248 (Murder);

e. Article 267 (Kidnapping and Serious Illegal Detention);

f. Article 324 (Crimes Involving Destruction), or under

1. Presidential Decree No. 1613 (The Law on Arson);

2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste
Control Act of 1990);

3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);

4. Republic Act No. 6235 (Anti-Hijacking Law);

5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974);
and,

6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal
and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of
Firearms, Ammunitions or Explosives)

thereby sowing and creating a condition of widespread and extraordinary fear and panic among the
populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the
crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit
of parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law,
as amended.

SEC. 4. Conspiracy to Commit Terrorism. - Persons who conspire to commit the crime of
terrorism shall suffer the penalty of forty (40) years of imprisonment.

There is conspiracy when two or more persons come to an agreement concerning the commission of
the crime of terrorism as defined in Section 3 hereof and decide to commit the same.

SEC. 5. Accomplice. - Any person who, not being a principal under Article 17 of the Revised Penal
Code or a conspirator as defined in Section 4 hereof, cooperates in the execution of either the crime
of terrorism or conspiracy to commit terrorism by previous or simultaneous acts shall suffer the
penalty of from seventeen (17) years, four months one day to twenty (20) years of imprisonment.
45
Page

45
SEC. 6. Accessory. - Any person who, having knowledge of the commission of the crime of
terrorism or conspiracy to commit terrorism, and without having participated therein, either as
principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part subsequent
to its commission in any of the following manner: (a) by profiting himself or assisting the offender to
profit by the effects of the crime; (b) by concealing or destroying the body of the crime, or the effects,
or instruments thereof, in order to prevent its discovery; (c) by harboring, concealing, or assisting in
the escape of the principal or conspirator of the crime, shall suffer the penalty of ten (10) years and
one day to twelve (12) years of imprisonment.

Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be imposed
upon those who are such with respect to their spouses, ascendants, descendants, legitimate,
natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the
single exception of accessories falling within the provisions of subparagraph (a).

REPUBLIC ACT NO. 10883, July 17, 2016

AN ACT PROVIDING FOR A NEW ANTI-CARNAPPING LAW OF THE PHILIPPINES

Sec. 3. Carnapping; Penalties. – Carnapping is the taking, with intent to gain, of


a motor vehicle belonging to another without the latter’s consent, or by means of
violence against or intimidation of persons, or by using force upon things.

Any person who is found guilty of carnapping shall, regardless of the value of the
motor vehicle taken, be punished by imprisonment for not less than twenty (20)
years and one (1) day but not more than thirty (30) years, when the carnapping is
committed without violence against or intimidation of persons, or force upon things;
and by imprisonment for not less than thirty (30) years and one (1) day but not
more than forty (40) years, when the carnapping is committed by means of
violence against or intimidation of persons, or force upon things; and the penalty of
life imprisonment shall be imposed when the owner, driver, or occupant of the
carnapped motor vehicle is killed or raped in the commission of the carnapping.

Any person charged with carnapping or when the crime of carnapping is committed
by criminal groups, gangs or syndicates or by means of violence or intimidation of
any person or persons or forced upon things; or when the owner, driver, passenger
or occupant of the carnapped vehicle is killed or raped in the course of the
carnapping shall be denied bail when the evidence of guilt is strong.

Sec. 4. Concealment of Carnapping. – Any person who conceals carnapping shall


be punished with imprisonment of six (6) years up to twelve (12) years and a fine
equal to theamount of the acquisition cost of the motor vehicle, motor vehicle
engine, or any other part involved in the violation: Provided, That if the person
violating any provision of this Act is a juridical person, the penalty herein provided
shall be imposed on its president, secretary, and/or members of the board of
46

directors or any of its officers and employees who may have directly participated in
the violation.
Page

46
Any public official or employee who directly commits the unlawful acts defined in
this Act or is guilty of gross negligence of duty or connives with or permits the
commission of any of the said unlawful acts shall, in addition to the penalty
prescribed in the preceding paragraph, be dismissed from the service, and his/her
benefits forfeited and shall be permanently disqualified from holding public office.

PRESIDENTIAL DECREE No. 1829

PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL


OFFENDERS

WHEREAS, crime and violence continue to proliferate despite the sustained vigorous efforts of the
government to effectively contain them;

WHEREAS, to discourage public indifference or apathy towards the apprehension and prosecution
of criminal offenders, it is necessary to penalize acts which obstruct or frustrate or tend to obstruct or
frustrate the successful apprehension and prosecution of criminal offenders;

NOW, THEREFORE, I, FERDINAND, E. MARCOS, President of the Philippines, by virtue of the


powers vested in me by law do hereby decree and order the following:

Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to
6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs,
impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of
criminal cases by committing any of the following acts:

(a) preventing witnesses from testifying in any criminal proceeding or from reporting the
commission of any offense or the identity of any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force or threats;

(b) altering, destroying, suppressing or concealing any paper, record, document, or object,
with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence
in any investigation of or official proceedings in, criminal cases, or to be used in the
investigation of, or official proceedings in, criminal cases;

(c) harboring or concealing, or facilitating the escape of, any person he knows, or has
reasonable ground to believe or suspect, has committed any offense under existing penal
laws in order to prevent his arrest prosecution and conviction;

(d) publicly using a fictitious name for the purpose of concealing a crime, evading
prosecution or the execution of a judgment, or concealing his true name and other personal
47

circumstances for the same purpose or purposes;


Page

47
(e) delaying the prosecution of criminal cases by obstructing the service of process or court
orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts;

(f) making, presenting or using any record, document, paper or object with knowledge of its
falsity and with intent to affect the course or outcome of the investigation of, or official
proceedings in, criminal cases;

(g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from,
discounting, or impeding the prosecution of a criminal offender;

(h) threatening directly or indirectly another with the infliction of any wrong upon his person,
honor or property or that of any immediate member or members of his family in order to
prevent such person from appearing in the investigation of, or official proceedings in, criminal
cases, or imposing a condition, whether lawful or unlawful, in order to prevent a person from
appearing in the investigation of or in official proceedings in, criminal cases;

(i) giving of false or fabricated information to mislead or prevent the law enforcement
agencies from apprehending the offender or from protecting the life or property of the victim;
or fabricating information from the data gathered in confidence by investigating authorities for
purposes of background information and not for publication and publishing or disseminating
the same to mislead the investigator or to the court.

If any of the acts mentioned herein is penalized by any other law with a higher penalty, the higher
penalty shall be imposed.

Republic Act No. 7610 June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST


CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES

Section 3. Definition of Terms. –

(a) "Children" refers to person below eighteen (18) years of age or those over but are unable
to fully take care of themselves or protect themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability or condition;

(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which
includes any of the following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic
worth and dignity of a child as a human being;
48
Page

(3) Unreasonable deprivation of his basic needs for survival, such as food and
shelter; or

48
(4) Failure to immediately give medical treatment to an injured child resulting in
serious impairment of his growth and development or in his permanent incapacity or
death.

Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who
for money, profit, or any other consideration or due to the coercion or influence of any adult,
syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children
exploited in prostitution and other sexual abuse.

The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon
the following:

(a) Those who engage in or promote, facilitate or induce child prostitution which include, but
are not limited to, the following:

(1) Acting as a procurer of a child prostitute;

(2) Inducing a person to be a client of a child prostitute by means of written or oral


advertisements or other similar means;

(3) Taking advantage of influence or relationship to procure a child as prostitute;

(4) Threatening or using violence towards a child to engage him as a prostitute; or

(5) Giving monetary consideration goods or other pecuniary benefit to a child with
intent to engage such child in prostitution.

(b) Those who commit the act of sexual intercourse of lascivious conduct with a child
exploited in prostitution or subject to other sexual abuse; Provided, That when the victims is
under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335,
paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal
Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for
lascivious conduct when the victim is under twelve (12) years of age shall be reclusion
temporal in its medium period; and

(c) Those who derive profit or advantage therefrom, whether as manager or owner of the
establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a cover or which engages in prostitution in
addition to the activity for which the license has been issued to said establishment.

Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions
Prejudicial to the Child's Development. –

(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to
be responsible for other conditions prejudicial to the child's development including those
covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the
Revised Penal Code, as amended, shall suffer the penalty of prision mayor in its minimum
period.
49
Page

49
(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or
who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist
resort or similar places shall suffer the penalty of prision mayor in its maximum period and a
fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not
apply to any person who is related within the fourth degree of consanguinity or affinity or any
bond recognized by law, local custom and tradition or acts in the performance of a social,
moral or legal duty.

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to
keep or have in his company a minor as provided in the preceding paragraph shall suffer the
penalty of prision mayor in its medium period and a fine of not less than Forty thousand
pesos (P40,000); Provided, however, That should the perpetrator be an ascendant,
stepparent or guardian of the minor, the penalty to be imposed shall be prision mayor in its
maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of
parental authority over the minor.

(d) Any person, owner, manager or one entrusted with the operation of any public or private
place of accommodation, whether for occupancy, food, drink or otherwise, including
residential places, who allows any person to take along with him to such place or places any
minor herein described shall be imposed a penalty of prision mayor in its medium period and
a fine of not less than Fifty thousand pesos (P50,000), and the loss of the license to operate
such a place or establishment.

(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;

(1) Beg or use begging as a means of living;

(2) Act as conduit or middlemen in drug trafficking or pushing; or

(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its
medium period to reclusion perpetua.

For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249,
262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for
the crimes of murder, homicide, other intentional mutilation, and serious physical injuries,
respectively, shall be reclusion perpetua when the victim is under twelve (12) years of age. The
penalty for the commission of acts punishable under Article 337, 339, 340 and 341 of Act No. 3815,
as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of lasciviousness
with the consent of the offended party, corruption of minors, and white slave trade, respectively, shall
be one (1) degree higher than that imposed by law when the victim is under twelve (12) years age.

The victim of the acts committed under this section shall be entrusted to the care of the Department
of Social Welfare and Development.
50
Page

50
51
Page 51
52
Page 52